My ex is filing to change child support. He is claiming over $500 asvoluntary retirement contributions thus greatly reducing his net income and reducing his child support. I contend that since it is voluntary it should be counted. Can I get the courts to add it to his monthly income when calculating child support, and if so, what RCW do I use to support that request?
RCW 26.19.071(5)(c) and (g). There is no limit on the amount that can be deducted for "mandatory pension plan payments." There is a limit for "voluntary retirement contributions actually made" of $5,000.00 per year ($416.67 per month) if the contributions have been consistently made for the prior year "unless there is a determination that the contributions were made for the purpose of reducing child support."
In the worksheet explanation section, it says he's limited to taking $5,000 per year in voluntary retirement payments off his income for purposes of calculating his child support. That's less than $500 per month. He can deduct $416.66 a month ($5,000 divided by 12). See page two of the instructions to the CS worksheet for the controlling language. Here's that link. There are certain exceptions written in the bottom lefthand column on page 2. http://www.courts.wa.gov/forms/documents/WSCSS_Schedule2015.pdf
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline